Can I petition for my child to come to the US? 2 Answers as of April 20, 2011

I am 18 years of age. My father petitioned me a few years back. At a young age I had a child, and he is residing in Guatemala. Now I want to bring him to live with me. Can I petition for him to come to the United States?

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Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Yes you may petition your child. However, you could have problems if you did not disclose the child when you immigrated to the U.S.

Also, if you father was a US Citizen when you got your Green Card, or became one before you turned 18 years old, you may now be a U.S. Citizen and it could take only a few months to for your child to come to the U.S. If you father was not a US citizen when you immigrated, then the child might have been eligible to come with you, and it's not to late to process the child.
Answer Applies to: California
Replied: 4/20/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
If you are a U.S. Citizen you can file for your child as an immediate relative. If you are a lawful permanent resident you can file for your child as a derivative (2nd preference category); you will have to wait until a visa is current before your child can consular process (this could take several years).
Answer Applies to: Florida
Replied: 4/20/2011
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